Ask Visalaw.com

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

*****

Q - I am a Computer Science masters student l on my F-1 Visa. I will be graduating in Dec 2003. I had a question regarding my OPT after graduation. What happens to my OPT if I join another masters after Dec 2003? I'm planning to do second masters in Regional Economic and Social Development at the same school. I have come to know that If I change my masters I will no longer be able to work in my computers field during my OPT which If I take after my second masters?

A - If you enroll in another masters program while you are on your Optional Practical Training, you would lose the remaining time on your card. You might want to ask for less than a year and then reserve that leftover time for later. If you don't enroll in the master's program, you can apply for an extension on your OPT. Note, however, that it can take up to three months to get your extension and you would not be authorized to work while the extension application is pending if the earlier approval has expired. So you will want to make sure you apply for the extension well in advance.

*****

Q - My wife and I and two of our daughters have been permanent residence since 2001 and will be applying for citizenship in 2006. We would like to petition our eldest daughter and her spouse.

1.) Do we have to be citizens before we start the process?
2.) Can we petition them both at the same time ?

A - You cannot apply for married children to get green cards until you become citizens. You can file now, however, for an unmarried child. The waiting time for a married child of a citizen will probably take five years or more. For an unmarried child of a permanent resident, expect seven+ years. Note, however, that when you become citizens, the unmarried child would automatically upgrade to a higher category and would retain the filing date from the original application.


*****

Q - I hold green card for almost 3 years. Recently I got married to a US citizen girl. When can I apply for citizenship?

A - If you are married to a US citizen, you can apply for citizenship two years and nine months after being granted permanent residency, regardless of the basis for the green card approval.